330A.1 CITATION.
This chapter shall be known and may be cited as the "Aviation
Authority Act." Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.1]
330A.2 DEFINITIONS.
The following terms whenever used, or referred to, in this chapter
shall have the following meanings, except in those instances where
the context clearly indicates otherwise:
1. The term "authority" shall mean any aviation authority
created pursuant to the provisions of this chapter.
2. The term "aviation facilities" shall mean and include
airports, buildings, structures, terminal buildings, or space
hangars, lands, warehouses, or other aviation facilities of any kind
or nature, or any other facilities of any kind or nature related to
or connected with said airports and other aviation facilities which
an authority is authorized by law to construct, acquire, own, lease,
or operate, including but not limited to parking facilities,
restaurants, and related facilities together with all fixtures,
equipment, and property, real or personal, tangible or intangible,
necessary, appurtenant, or incidental thereto.
3. The term "board" shall mean the governing body of an
authority.
4. The term "federal government" shall mean and include the
United States of America, the president of the United States of
America, and any department of, or corporation, agency, or
instrumentality heretofore or hereafter created, designated, or
established by the United States of America.
5. The term "member municipality" shall mean any municipality
which shall join in the creation of an aviation authority as provided
herein.
6. The term "municipality" shall mean any county or city of
this state, and any political subdivision of any state whose borders
are at any point conterminous with those of this state and whose laws
shall permit the entry of and submission by such political
subdivision to an authority created and operating pursuant to the
provisions of this chapter.
7. The term "person" shall mean any individual, firm,
partnership, corporation, company, association, or joint stock
association, and includes any trustee, receiver, assignee, or similar
representative thereof.
8. The term "state" shall mean the state of Iowa.
9. The term "state government" shall mean and include the
state, the governor of the state, and any department thereof, or
corporation, agency, or instrumentality heretofore or hereafter
created, designated, or established by the state, exclusive of
counties and cities. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.2]
330A.3 CREATION.
One or more municipalities may provide by ordinance for the
creation of an airport authority in the manner and for the purposes
provided under this chapter. The authority shall be created by
agreement adopted by ordinance between two or more municipalities, or
by ordinance of a single municipality. An authority is a public
instrumentality and public body corporate to be known as "....
Airport Authority". An airport authority may exercise its
jurisdiction, powers, and duties as set forth in this chapter.
Provisions for the disposition of the authority's rights and
properties in the event of dissolution of the authority shall be set
forth in the agreement or ordinance creating the authority. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.3] Section History: Recent Form
89 Acts, ch 182, § 2
330A.4 Repealed by 89 Acts, ch 182, § 12.
330A.5 BOARD.
Each authority shall have a board of an odd number of three or
more members and the board shall be the governing body of the
authority exercising all of the rights, duties, and powers conferred
by this chapter upon the authority. The board members shall be
appointed by the governing bodies of the member municipalities. The
number to be appointed by each municipality shall be provided for in
the agreement or ordinance creating the authority. However, an
elected official or full-time paid employee of a member municipality
is not eligible for appointment to the board. Board members shall
serve for terms of four years at the pleasure of the municipality
appointing the members except members of the initial board shall
determine their respective terms by lot so the terms of one- half of
the members expire at the end of two years. The remaining initial
terms shall expire at the end of four years. Each member of the
board shall qualify by taking an oath to faithfully perform the
duties of office. Within forty-five days after a vacancy occurs on
the board by death, resignation, change of residence or removal of a
member, or from any other cause, the successor of the member shall be
appointed by the member municipality represented by the vacancy and
shall serve until the term expires. The board shall, within ten days
after its appointment, organize by electing a chairperson, a
secretary, and a treasurer, each for a term of two years. The
treasurer shall execute an adequate surety bond in a penal sum to be
fixed by the authority, conditioned upon the faithful performance of
the duties of office, the premium on which shall be paid by the
authority. Board members and officers shall serve until their
successors are duly elected and qualified. A salary shall not be
paid to a board member; however, each board member shall be
reimbursed for actual expenses incurred in the performance of the
member's duties. All actions by an authority require the affirmative
vote of a majority of the board of the authority. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.5] Section History: Recent Form
89 Acts, ch 182, § 3
Referred to in § 330A.21
330A.6 CREATION OF AN AUTHORITY.
1. Whenever the governing body of any municipality shall desire
to participate in the creation of an authority it shall adopt a
resolution signifying its intention to do so and shall publish said
resolution at least one time in a newspaper of general circulation in
such municipality giving notice of a hearing to be held on the
question of the municipality's entry into such authority. Such
resolution shall be published at least fourteen days prior to the
date of hearing, and shall contain therein the following information:
a. Intention to join in the creation of an authority pursuant
to the provisions of this chapter.
b. The names of other municipalities which have expressed
their intention to join in the creation of the authority.
c. Number of board members to be appointed by the
municipality.
d. Name of authority.
e. Place, date and time of hearing.
2. After the hearing, and if in the best interests of the
municipality, the municipality shall enact an ordinance authorizing
the creation of the authority. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.6] Section History: Recent Form
89 Acts, ch 182, § 4, 5
Referred to in § 330A.7, 330A.15
330A.7 WITHDRAWAL.
1. One or more of the member municipalities may withdraw from the
authority, except that a municipality shall not withdraw after any
obligations have been incurred by the authority unless satisfactory
provision has been made by the withdrawing municipality for the
payment of its portion of the outstanding obligations. If an
authority has been created pursuant to this chapter, a municipality
which did not join in the original agreement may subsequently join
the authority with the approval of the member municipalities.
2. A municipality wishing to withdraw from or to become a member
of an existing authority shall signify its intention by resolution
and shall publish the resolution at least one time in a newspaper of
general circulation in the municipality giving notice of a hearing to
be held on the question of withdrawing or joining and its intention
to withdraw or join. The resolution shall be published at least
fourteen days prior to the date of the hearing. A withdrawing
municipality shall state in the resolution how it intends to pay its
portion of the outstanding obligations of the authority, if any. A
joining municipality shall state in the resolution the information
required in section 330A.6. A copy of the resolution shall be
certified to the authority by the municipality at least fourteen days
in advance of the hearing. The board shall by resolution indicate
whether a satisfactory provision has been made for the payment of the
outstanding obligations of the authority, as required under
subsection 1. After the hearing and if the outstanding obligations
of the authority have been adequately provided for by the
municipality, the municipality may enact an ordinance to withdraw
from or join the authority.
3. An application to withdraw or join shall be submitted to the
authority and shall in all cases be executed by the proper officers
of the withdrawing or incoming municipality under its municipal seal
and accompanied by a certified copy of the authorizing ordinance, and
shall be joined in by the proper officers of the governing body of
the authority.
4. A municipality that joins initially or subsequently or
withdraws shall file notice of such joining or withdrawal with the
secretary of state and the county recorder in which such municipality
is located. Upon its creation, the authority shall file with the
secretary of state and with the county recorder wherein each
municipality or part thereof is located a copy of the agreement
creating the authority. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.7] Section History: Recent Form
89 Acts, ch 182, § 6
330A.8 PURPOSES AND POWERS -- GENERAL.
An authority is hereby granted the following rights and powers,
and shall have and may exercise all powers necessary, appurtenant,
convenient, or incidental to the carrying out of the powers
enumerated in this chapter:
1. To sue and be sued in all courts.
2. To adopt, use, and alter at will a seal.
3. To acquire, hold, construct, improve, maintain, operate, own,
and lease as lessor or lessee, aviation facilities, provided that no
lease of the authority's property whose primary term is in excess of
three years shall be entered by the authority until after publication
of notice of the terms of the proposed lease once in the county in
which said property is located, in the manner provided by section
618.14, together with the date, time, and place of a public hearing
which shall be held not less than fourteen days thereafter, at which
the authority will hear proponents for and objectors against the
lease and may, thereafter, cause it to be executed.
4. To acquire, purchase, hold, own, operate, and lease as lessee
and use any franchise, property, real, personal or mixed, tangible or
intangible, or any interest therein, necessary or desirable for
carrying out the purposes of an authority and this chapter, and to
sell, mortgage, lease as lessor, transfer, and dispose of any
property or interest therein at any time acquired by it.
5. To enter into and make leases, either as lessee or lessor, for
such period or periods of time and under such terms and conditions as
an authority shall determine. Such leases may be entered into for
buildings, structures, or facilities constructed or acquired or to be
constructed or acquired by an authority, or may be entered into for
lands owned by an authority where the lessee of said lands agrees as
a consideration for said lease to construct or acquire buildings,
structures, or facilities on said lands which will become the
property of an authority under such terms, rentals, and other
conditions as the authority shall deem proper.
6. To acquire by purchase, lease, or otherwise, and to construct,
improve, maintain, repair, and operate aviation facilities.
7. To fix, alter, charge, establish, and collect rates, fees,
rentals, and other charges for the services and facilities of
aviation facilities, or any part thereof, at reasonable and uniform
rates to be determined exclusively by an authority for the purposes
of carrying out the provisions of this chapter.
8. To borrow money, make and issue negotiable bonds,
certificates, refunding bonds, and other obligations (herein called
"bonds") and notes of an authority and to secure the payment of
such bonds or any part thereof by a pledge of any or all of an
authority's revenues, rates, fees, rentals, or other charges, and any
other funds which it has a right to, or may hereafter have the right
to pledge for such purposes (hereafter sometimes referred to as
"revenues"), and to mortgage its property as security for the
payment of such bonds; and in general, to provide for the security of
said bonds and the rights and remedies of the holders thereof. Such
bonds may be issued to finance either one or more or a combination of
aviation facilities and the revenues of any one or more aviation
facilities may, subject to any prior rights of bondholders, be
pledged for any one or more or a combination of aviation facilities.
Any revenues from existing aviation facilities theretofore
constructed or acquired pursuant to this chapter or existing laws, or
existing aviation facilities constructed or acquired by an authority
from any source may be pledged for any one or more or a combination
of aviation facilities financed under this chapter, regardless of
whether or not such existing aviation facilities are then being
improved or financed by the proceeds of the bonds to be issued to
finance the one or more or the combination of aviation facilities for
which such revenues of such existing aviation facilities are to be
pledged.
9. To make contracts of every kind and nature and to execute all
instruments necessary or convenient for the carrying on of its
business.
10. Without limitation of the foregoing, to borrow money and
accept grants, contributions or loans from, and to enter into
contracts, leases, or other transactions with, municipal, county,
state, or federal government.
11. To have the power of eminent domain, but only as provided in
section 330A.13.
12. To pledge, hypothecate, or otherwise encumber all or any part
of the revenues, rates, fees, rentals, or other charges or receipts
of an authority as security for all or any of the obligations issued
by an authority.
13. To pledge, mortgage, hypothecate, or otherwise encumber all
or any part of the property, real or personal, of the authority as
security for all or any of the obligations issued by an authority.
14. To employ technical experts necessary to assist an authority
in carrying out or exercising any powers granted hereby, including
but not limited to architects, engineers, attorneys, fiscal advisors,
fiscal agents, investment bankers, and aviation consultants.
15. To do all acts and things necessary or convenient for the
promotion of its business and the general welfare of an authority, in
order to carry out the powers granted to it by this chapter or any
other laws. An authority shall have no power at any time or in any
manner to pledge the taxing power of the state or any political
subdivision or agency thereof, nor shall any of the obligations
issued by an authority be deemed to be an obligation of the state or
any political subdivision or agency thereof secured by and payable
from ad valorem taxes thereof, nor shall the state or any political
subdivision or agency thereof be liable for the payment of principal
of or interest on such obligations except from the special funds
provided for in this chapter.
16. To designate employees upon whom are conferred all the powers
of a peace officer as defined in section 801.4. The maximum age for
a person designated as a peace officer pursuant to this subsection is
sixty-five years of age. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.8] Section History: Recent Form
89 Acts, ch 182, § 7; 98 Acts, ch 1183, §111; 2006 Acts, 1st Ex,
ch 1001, §30, 49
Referred to in § 801.4 Footnotes
2006 amendment to subsection 11 takes effect July 14, 2006, and
applies to applications for condemnation filed pursuant to §6B.3 on
or after that date; 2006 Acts, 1st Ex, ch 1001, §49
330A.9 PURPOSES AND POWERS -- BONDS AND NOTES.
1. The bonds issued by an authority pursuant to this chapter
shall be authorized by resolution of the board and shall be either
term or serial bonds, shall bear such date or dates, mature at such
time or times, not exceeding forty years from their respective dates,
bear interest at such rate or rates, not exceeding that permitted by
chapter 74A payable semiannually, be in such denominations, be in
such form, either coupon or fully registered, shall carry such
registration, exchangeability and interchangeability privileges, be
payable in such medium of payment and at such place or places, within
or without the state, be subject to such terms of redemption and be
entitled to such priorities on the revenues, rates, fees, rentals, or
other charges or receipts of the authority as the resolution or any
subsequent resolution may provide. The bonds shall be executed
either by manual or facsimile signature by the officers as an
authority shall determine, provided that the bonds shall bear at
least one signature which is manually executed thereon, and the
coupons attached to the bonds shall bear the facsimile signature or
signatures of the officer or officers as shall be designated by an
authority and the bonds shall have the seal of the authority,
affixed, imprinted, reproduced, or lithographed thereon, all as may
be prescribed in the resolution or resolutions. The bonds may be
sold at public or private sale at the price or prices as the
authority shall determine to be in the best interests of the
authority. However, the net interest cost shall not exceed that
permitted by chapter 74A. Pending the preparation of definitive
bonds, interim certificates or temporary bonds may be issued to the
purchaser or purchasers of the bonds, and may contain terms and
conditions as the authority may determine.
2. An authority shall have the power, at any time and from time
to time after the issuance of bonds shall have been authorized, to
borrow money for the purposes for which the bonds are to be issued in
anticipation of the receipt of the proceeds of the sale of the bonds
and within the authorized maximum amount of the bond issue. Any loan
shall be paid within three years after the date of the initial loan.
Bond anticipation notes shall be issued for all moneys borrowed under
this section, and the notes may be renewed from time to time, but all
renewal notes shall mature within the time above limited for the
payment of the initial loan. The notes shall be authorized by
resolution of the board and shall be in such denomination or
denominations, shall bear interest at such rate or rates not
exceeding the maximum rate permitted by the resolution authorizing
the issuance of the bonds, shall be in such form and shall be
executed in such manner, all as the authority shall prescribe. The
notes may be sold at public or private sale or, if the notes shall be
renewal notes, they may be exchanged for notes then outstanding on
such terms as the board shall determine. The board may, in its
discretion, retire the notes from the revenues derived from its
aviation facilities or from other moneys of the authority which are
lawfully available or from a combination of each, in lieu of retiring
them by means of bond proceeds. However, before the retirement of
the notes by any means other than the issuance of bonds it shall
amend or repeal the resolution authorizing the issuance of the bonds,
in anticipation of the proceeds of the sale of which the notes were
issued, so as to reduce the authorized amount of the bond issue by
the amount of the notes retired. The amendatory or repealing
resolution takes effect upon its passage.
3. Any such resolution or resolutions authorizing any bonds
hereunder may contain provisions which shall be part of the contract
with the holders of such bonds, as to:
a. The pledging of all or any part of the revenues, rates,
fees, rentals, or other charges or receipts of an authority derived
by an authority from all or any of its aviation facilities.
b. The construction, improvement, operation, extensions,
enlargement, maintenance, repair, or lease of such aviation
facilities and the duties of an authority with reference thereto.
c. Limitations on the purposes to which the proceeds of the
bonds, then or thereafter to be issued, or of any loan or grant by
the federal government or the state government or the county or any
municipality therein, may be applied.
d. The fixing, charging, establishing, and collecting of
rates, fees, rentals, or other charges for use of the services and
facilities of the aviation facilities of an authority, or any part
thereof.
e. The setting aside of reserves or sinking funds or repair
and replacement funds or other funds and the regulation and
disposition thereof.
f. Limitations on the issuance of additional bonds.
g. The terms and provisions of any deed of trust, mortgage,
or indenture securing the bonds or under which the same may be
issued.
h. Any other or additional agreements with the holders of the
bonds as are customary and proper and which in the judgment of an
authority will make said bonds more marketable.
4. An authority may enter into any deeds of trust, mortgages,
indentures, or other agreements, with any bank or trust company or
any other lender within or without the state as security for such
bonds, and may assign and pledge all or any of the revenues, rates,
fees, rentals, or other charges or receipts of an authority
thereunder. Such deeds of trust, mortgages, indentures, or other
agreements, may contain such provisions as may be customary in such
instruments, or, as an authority may authorize, including, but
without limitation, provisions as to:
a. The construction, improvement, operation, leasing,
maintenance, and repair of the aviation facilities and duties of an
authority with reference thereto.
b. The application of funds and the safeguarding and
investment of funds on hand or on deposit.
c. The appointment of consulting engineers or architects and
approval thereof by the holders of the bonds.
d. The rights and remedies of said trustee and the holders of
the bonds.
e. The terms and provisions of the bonds or the resolution
authorizing the issuance of the same.
Any of the bonds issued pursuant to this chapter are, and are
hereby declared to be, negotiable instruments, and shall have all the
qualities and incidents of negotiable instruments. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.9] Section History: Recent Form
93 Acts, ch 118, § 1
330A.10 FUNDS OF AN AUTHORITY.
1. Moneys of an authority shall be paid to the treasurer of the
authority who shall not commingle said moneys with any other moneys,
but shall deposit them in a separate account or accounts. The moneys
in said accounts shall be paid out on check of the treasurer on
requisition of the chairperson of the authority, or of such other
person, or persons, as the authority may authorize to make such
requisition.
2. Notwithstanding subsection 1, an authority is hereby
authorized, and shall have the right, to deposit any of its rates,
fees, rentals, or other charges, receipts or income with any bank or
trust company within the state and to deposit the proceeds of any
bonds issued hereunder with any bank or trust company within the
state, all as may be provided in any agreement with the holders of
bonds issued hereunder. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.10] Section History: Recent Form
2009 Acts, ch 133, §125
330A.11 TRANSFER OF EXISTING FACILITIES TO
AUTHORITY.
1. Any municipality, airport commission, authority, or person
may, and they are hereby authorized to sell, lease, lend, grant, or
convey to the authority, any aviation facilities or any part or parts
thereof, or any interest in real or personal property, which are
within or without geographical boundaries of one or more of the
municipal members and which may be used by an authority in the
construction, improvement, maintenance, leasing, or operation of any
aviation facilities. Any municipality, airport commission,
authority, or person is additionally authorized hereby to transfer,
assign, and set over to an authority any contract or contracts which
may have been awarded by said municipality, airport commission,
authority, or person for the construction of aviation facilities not
begun or, if begun, not completed.
2. The proposed action of an authority, and the proposed
agreement to acquire, shall be approved by the governing body of the
owner of the aviation facilities. Whenever the governing body of any
municipality, airport commission, or authority, shall desire to sell,
lease, lend, grant, or convey to the authority, any aviation
facilities or any part or parts thereof, as aforesaid, it shall adopt
a resolution signifying its intention to do so and shall publish said
resolution at least one time in a newspaper of general circulation in
said municipality and in a newspaper or newspapers, if necessary, of
general circulation of the area served by said airport commission or
authority giving notice of a hearing to be held on the question of
said sale, lease, loan, grant, or conveyance. Such resolution shall
be published at least fourteen days prior to the date of hearing.
After the hearing and if in the public interest, said municipality
shall enact an ordinance authorizing said sale, lease, loan, grant,
or conveyance and said airport commission or authority shall pass a
resolution authorizing said sale, lease, loan, grant, or conveyance.
3. An owner, transferring existing facilities to an authority
under the provisions of this section must notify the authority of and
make provision in the transfer documents for, where necessary,
existing rights, liens, securities, and rights of reentry belonging
to the state and federal government.
4. This section, without reference to any other law, shall be
deemed complete authority for the acquisition by agreement, of
aviation facilities as defined in this chapter, any provision of
other laws to the contrary notwithstanding, and no proceedings or
other action shall be required except as herein prescribed. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.11]
330A.12 AWARD OF CONTRACT.
All contracts entered into by an authority for the construction,
reconstruction, and improvement of aviation facilities shall be
entered into pursuant to and shall comply with the competitive bid
procedures in chapter 26. However, where an authority determines an
emergency exists, it may enter into contracts obligating the
authority for not in excess of the competitive bid threshold in
section 26.3, or as established in section 314.1B per emergency
without regard to the requirements of chapter 26 and the authority
may proceed with the necessary action as expeditiously as possible to
the extent necessary to resolve such emergency. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.12] Section History: Recent Form
2006 Acts, ch 1017, §30, 42, 43
330A.13 ACQUISITION OF LANDS AND PROPERTY.
An authority shall have the power to acquire, within or without
the geographical boundaries of the member municipalities, by purchase
or eminent domain proceedings, either the fees or such rights, title,
interest, or easement in such lands and property, including but not
limited to air rights and avigation easements, as the authority may
deem necessary for any of the purposes of this chapter. The right of
eminent domain herein conferred shall be exercised by the authority
in the manner provided by law, as though the authority were a
municipal corporation. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.13]
Referred to in § 330A.8
330A.14 USE OF AVIATION FACILITIES.
The use of aviation facilities and the services and facilities
thereof, by an authority and the operation of its business shall be
subject to the rules and regulations, from time to time, adopted by
the authority and applicable federal laws and regulations; provided,
however, that an authority shall not be authorized to do anything
which will impair the security of the holders of the obligations of
the authority or violate any agreements with them or for their
benefit. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.14]
330A.15 TAX FOR PURPOSES OF AN AUTHORITY.
The governing body of a municipality after joining an authority
and after determination by the authority pursuant to planning studies
may by ordinance provide for the assessment of an annual levy not to
exceed twenty-seven cents per one thousand dollars of assessed value
upon all the taxable property in such municipality for a period not
to exceed forty years as shall be agreed by the member municipalities
or for such longer time as any revenue bonds of an authority shall be
outstanding or until such municipality withdraws from the authority,
whichever is sooner. A county which is a member municipality may
levy such tax only upon the property in the unincorporated area of
such county. Such tax may be levied in excess of any tax limitation
imposed by statute. Such ordinance shall be enacted only after
publication of notice and hearing in the manner prescribed in section
330A.6. Upon such enactment, a copy thereof shall be certified to
the authority. An authority shall have the power to enforce the
collection of such levy by mandamus or other appropriate remedy and
such levy shall be collected in the manner other taxes are collected
and allocated and paid to the authority for the exclusive and proper
use of the authority, including but not limited to the purchase of
land, and the acquiring, establishing, constructing, enlarging,
operating, and maintaining of aviation facilities. In addition to
the purposes listed above, moneys in said fund may be pledged to the
payment of the principal, interest, and redemption premium, if any,
on bonds of the authority. Money paid to the authority pursuant to
this section shall be deposited by the authority in a special trust
fund to be called the "...... Authority Capital Reserve Fund".
Member municipalities may, in addition, deposit money from current
operating funds in the capital reserve fund pursuant to agreement for
the purpose of providing initial funds to the authority to be used
for funding studies, plans, and other expenses of an authority
pending receipt of funds from the annual levy herein authorized. Any
such money so deposited shall be considered a gift and is not
repayable. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.15]
Referred to in § 331.424, 384.12
330A.16 EXEMPTION FROM TAXATION.
The effectuation of the authorized purposes of an authority shall
be in all respects for the benefit of the people of the state and the
member municipalities, for the increase of their commerce and
prosperity, and for the improvement of their welfare, health, and
living conditions, and since an authority will be performing
essential governmental functions in effectuating such purposes, an
authority shall not be required to pay any taxes or assessments of
any kind or nature whatsoever upon any property required or used by
it for such purposes, or any rates, fees, rentals, receipts, or
incomes at any time received by it, and the bonds issued by an
authority, their transfer and the income therefrom (including any
profits made on the sale thereof) shall at all times be free from
taxation of any kind by the state, or any political subdivision or
taxing agency or instrumentality thereof. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.16]
330A.17 STATUTE COMPLETE AND ADDITIONAL AUTHORITY.
The powers conferred by this chapter shall be in addition and
supplemental to any other law and this chapter shall not be construed
so as to repeal any other law, except to the extent of any conflict
between the provisions of this chapter and the provisions of any
other law, in which event the provisions of this chapter shall be
controlling and shall, to the extent of any such conflict, supersede
the provisions of any other law. This chapter is intended to and
shall provide an alternative and complete method for the exercise of
the powers granted by this chapter, and the aviation facilities
authorized by this chapter may be constructed, acquired, or improved
and bonds or other obligations issued pursuant to this chapter upon
compliance with the provisions of this chapter without regard to or
necessity for compliance with the limitations or restrictions
contained in any other law. No approval of the registered voters or
qualified freeholders of the state, or of any other political
subdivision or taxing unit or agency thereof, or of the member
municipalities shall be required for the issuance of any bonds by an
authority pursuant to this chapter. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.17] Section History: Recent Form
2001 Acts, ch 56, §20
330A.18 COOPERATION BETWEEN MUNICIPALITIES AND
AUTHORITIES.
The effectuation of the authorized purposes of an authority being
in all respects for the benefit of the people of the state and the
member municipalities, each member municipality is hereby authorized
to aid and cooperate with an authority in carrying out any authorized
purposes of the authority. Each member municipality is hereby
authorized to enter into cooperation agreements for the making of a
loan, gift, grant, or contribution to the authority for the carrying
out of its authorized purposes. Each member municipality is hereby
further authorized to grant and convey to an authority real or
personal property, of any kind or nature, or any interest therein,
for the carrying out of its authorized purposes. Each member
municipality is, further and additionally, authorized to covenant in
any such cooperation agreement made pursuant to this section to pay
all or any part of the costs of operation and maintenance of the
aviation facilities of an authority from moneys derived from ad
valorem taxation or from any other available funds of the
municipality. Any such cooperation agreement may be made and entered
into pursuant to this chapter for such time or times not exceeding
forty years as shall be agreed by the parties thereto or for such
longer time as any revenue bonds of an authority, including
refundings thereof, remain outstanding and unpaid and may contain
such other details, terms, provisions, and conditions as shall be
agreed upon by the parties thereto. Any such cooperation agreement
may be made and entered into for the benefit of the holders of any
revenue bonds of an authority as well as the parties thereto and
shall be enforceable in any court of competent jurisdiction by the
holders of any such revenue bonds or of the coupons appertaining
thereto. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.18]
330A.19 ELIGIBILITY AS INVESTMENTS AND SECURITY FOR
PUBLIC FUNDS.
Notwithstanding the provisions of any other law or laws, all bonds
issued by an authority pursuant to this chapter shall be and
constitute legal investments for banks, savings banks, trustees,
executors, and all other fiduciaries, and all such bonds shall be and
constitute securities eligible for deposit for the securing of all
state, municipal, and other public funds. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 330A.19]
330A.20 DISSOLUTION OF AN AUTHORITY.
When an authority has fully discharged all of its debts and
obligations or has arranged for the assumption of its debts and
obligations by another public agency, it may be dissolved by
unanimous consent of the member municipalities upon enactment of an
ordinance to dissolve the authority by each member municipality. If
all members withdraw from the authority, the authority is dissolved.
When the business and affairs of an authority have been closed upon
dissolution, that fact shall be certified by the chairperson of the
board to the recorders of the counties in which the authority was
situated and to the secretary of state. Section History: Recent Form
89 Acts, ch 182, § 8
330A.21 TRANSITION.
For those authorities established prior to July 1, 1989, the terms
of all board members in office shall expire on December 31, 1989.
The provision for successor board members shall be by agreement of
the member municipalities and in accordance with section 330A.5.
Authorities in existence prior to July 1, 1989, remain in existence
on or after July 1, 1989, except as provided in this chapter. Section History: Recent Form
89 Acts, ch 182, § 9